Source: http://laws.justice.gc.ca/en/C-29/text.html
Act current to March 3, 2006
C-29
An Act
respecting citizenship
This Act may be cited as theCitizenship Act.
1974-75-76, c. 108, s. 1.
(1) In this Act,
« certificat de citoyenneté »
« certificat de naturalisation »
« certificat de répudiation »
« enfant »
« citoyen »
« citoyenneté »
« juge de la citoyenneté »
« conjoint de fait »
« Cour »
« ancienne loi »
Canadian Citizenship Act, chapter C-19 of the Revised Statutes of Canada, 1970;
« ministre »
« mineur »
« législation antérieure »
(a) a person is deemed to be born in Canada if the person is born on a Canadian ship as defined in theCanada Shipping Act, on an air cushion vehicle registered in Canada under that Act or on an aircraft registered in Canada under theAeronautics Act and regulations made thereunder;
(b) a person who is lawfully present and entitled to permanently reside in Canada is deemed to have been lawfully admitted to Canada for permanent residence; and
(c) a person against whom a removal order has been made remains under that order
(i) unless all rights of review by or appeal to the Immigration Appeal Division of the Immigration and Refugee Board, the Federal Court of Appeal and the Supreme Court of Canada have been exhausted with respect to the order and the final result of those reviews or appeals is that the order has no force or effect, or
(ii) until the order has been executed.
R.S., 1985, c. C-29, s. 2; R.S., 1985, c. 28 (4th Supp.), s. 36; 1992, c. 21, s. 6; 2000, c. 12, s. 74; 2001, c. 27, s. 227.1; 2002, c. 8, s. 183.
(1) Subject to this Act, a person is a citizen if
(a) the person was born in Canada after February 14, 1977;
(b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;
(c) the person has been granted or acquired citizenship pursuant to section 5 or 11 and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship;
(d) the person was a citizen immediately before February 15, 1977; or
(e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act.
a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was
(a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;
(b) an employee in the service of a person referred to in paragraph (a); or
(c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).
R.S., 1985, c. C-29, s. 3; 1995, c. 5, s. 25.
(1) For the purposes of paragraph 3(1)(a), every person who, before apparently attaining the age of seven years, was found as a deserted child in Canada shall be deemed to have been born in Canada, unless the contrary is proved within seven years from the date the person was found.
b) and subsection 3(2), where a child is born after the death of either of his parents, the child shall be deemed to have been born before the death of that parent.
e), a person otherwise entitled under paragraph 5(1)(b) of the former Act to become a citizen immediately before February 15, 1977 remains so entitled notwithstanding that his birth is registered, after February 14, 1977, in accordance with the regulations made under the former Act,
(a) within two years after the occurrence of his birth; or
(b) within such extended period as the Minister may authorize after February 15, 1977 or has authorized before that date.
1974-75-76, c. 108, s. 4.
(1) The Minister shall grant citizenship to any person who
(a) makes application for citizenship;
(b) is eighteen years of age or over;
(c) is a permanent resident within the meaning of subsection 2(1) of theImmigration and Refugee Protection Act, and has, within the four years immediately preceding the date of his or her application, accumulated at least three years of residence in Canada calculated in the following manner:
(i) for every day during which the person was resident in Canada before his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one-half of a day of residence, and
(ii) for every day during which the person was resident in Canada after his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one day of residence;
(d) has an adequate knowledge of one of the official languages of Canada;
(e) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and
(f) is not under a removal order and is not the subject of a declaration by the Governor in Council made pursuant to section 20.
c) and subsection 11(1).
(a) is a permanent resident within the meaning of subsection 2(1) of theImmigration and Refugee Protection Act, and is the minor child of a citizen if an application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child; or
(b) was born outside Canada, before February 15, 1977, of a mother who was a citizen at the time of his birth, and was not entitled, immediately before February 15, 1977, to become a citizen under subparagraph 5(1)(b)(i) of the former Act, if, before February 15, 1979, or within such extended period as the Minister may authorize, an application for citizenship is made to the Minister by a person authorized by regulation to make the application.
(a) in the case of any person, the requirements of paragraph (1)(d) or (e);
(b) in the case of a minor, the requirement respecting age set out in paragraph (1)(b), the requirement respecting length of residence in Canada set out in paragraph (1)(c) or the requirement to take the oath of citizenship; and
(c) in the case of any person who is prevented from understanding the significance of taking the oath of citizenship by reason of a mental disability, the requirement to take the oath.
R.S., 1985, c. C-29, s. 5; R.S., 1985, c. 44 (3rd Supp.), s. 1; 1992, c. 21, s. 7; 2000, c. 12, s. 75; 2001, c. 27, s. 228; 2003, c. 22, s. 149(E).
A citizen, whether or not born in Canada, is entitled to all rights, powers and privileges and is subject to all obligations, duties and liabilities to which a person who is a citizen under paragraph 3(1)(a) is entitled or subject and has a like status to that of such person.
1974-75-76, c. 108, s. 5.
A person who is a citizen shall not cease to be a citizen except in accordance with this Part.
1974-75-76, c. 108, s. 6.
Where a person who was born outside Canada after February 14, 1977 is a citizen for the reason that at the time of his birth one of his parents was a citizen by virtue of paragraph 3(1)(b) or (e), that person ceases to be a citizen on attaining the age of twenty-eight years unless that person
(a) makes application to retain his citizenship; and
(b) registers as a citizen and either resides in Canada for a period of at least one year immediately preceding the date of his application or establishes a substantial connection with Canada.
1974-75-76, c. 108, s. 7.
(1) A citizen may, on application, renounce his citizenship if he
(a) is a citizen of a country other than Canada or, if his application is accepted, will become a citizen of a country other than Canada;
(b) is not the subject of a declaration by the Governor in Council made pursuant to section 20;
(c) is not a minor;
(d) is not prevented from understanding the significance of renouncing citizenship by reason of the person having a mental disability; and
(e) does not reside in Canada.
d) or (e).
R.S., 1985, c. C-29, s. 9; 1992, c. 21, s. 8.
(1) Subject to section 18 but notwithstanding any other section of this Act, where the Governor in Council, on a report from the Minister, is satisfied that any person has obtained, retained, renounced or resumed citizenship under this Act by false representation or fraud or by knowingly concealing material circumstances,
(a) the person ceases to be a citizen, or
(b) the renunciation of citizenship by the person shall be deemed to have had no effect,
as of such date as may be fixed by order of the Governor in Council with respect thereto.
1974-75-76, c. 108, s. 9.
(1) The Minister shall grant citizenship to any person who, having ceased to be a citizen,
(a) makes an application for resumption of citizenship;
(b) is not the subject of an order of or a declaration by the Governor in Council made pursuant to section 10 or 20 of this Act or section 18 of the former Act;
(c) is not under a removal order; and
(d) has become a permanent resident within the meaning of subsection 2(1) of theImmigration and Refugee Protection Act and has, since having ceased to be a citizen and become a permanent resident, resided in Canada for at least one year immediately preceding the date of the application.
d) does not apply to a person who ceased to be a citizen, before February 15, 1977, because a parent of that person ceased to be a citizen as a result of
(a) acquiring the nationality or citizenship of a country other than Canada; or
(b) renouncing his or her Canadian citizenship.
(a) by virtue of any law of Canada in force at any time before January 1, 1947 had, by reason only of her marriage or the acquisition by her husband of a foreign nationality, ceased to be a British subject, and
(b) would have been a citizen had the former Act come into force immediately before her marriage or the acquisition by her husband of a foreign nationality,
acquires citizenship immediately on the receipt by the Minister of a notice in writing by her that she elects to be a citizen.
R.S., 1985, c. C-29, s. 11; 2001, c. 27, s. 229; 2005, c. 17, s. 1.
(1) Subject to any regulations made under paragraph 27(i), the Minister shall issue a certificate of citizenship to any citizen who has made application therefor.
1974-75-76, c. 108, s. 11.
Where an application is made or a notice is given pursuant to this Act or a registration is made pursuant to section 8,
(a) it shall be made or given in such form and manner and at such place, and
(b) such evidence shall be provided and such fees shall be paid with respect thereto,
as are prescribed by the Minister pursuant to this Act or by the regulations.
1974-75-76, c. 108, s. 12.
(1) An application for
(a) a grant of citizenship under subsection 5(1),
(b) a retention of citizenship under section 8,
(c) a renunciation of citizenship under subsection 9(1), or
(d) a resumption of citizenship under subsection 11(1)
shall be considered by a citizenship judge who shall, within sixty days of the day the application was referred to the judge, determine whether or not the person who made the application meets the requirements of this Act and the regulations with respect to the application.
Immigration and Refugee Protection Act, the citizenship judge may not make a determination under subsection (1) until there has been a final determination whether, for the purposes of that Act, a removal order shall be made against that applicant.
(1.2) [Repealed, 2001, c. 27, s. 230]
(a) the citizenship judge approved the application under subsection (2); or
(b) notice was mailed or otherwise given under subsection (3) with respect to the application.
R.S., 1985, c. C-29, s. 14; 1995, c. 15, s. 23; 2001, c. 27, s. 230.
(1) Where a citizenship judge is unable to approve an application under subsection 14(2), the judge shall, before deciding not to approve it, consider whether or not to recommend an exercise of discretion under subsection 5(3) or (4) or subsection 9(2) as the circumstances may require.
(a) notify the applicant;
(b) transmit the recommendation to the Minister with the reasons therefor; and
(c) in accordance with the decision that has been made in respect of his recommendation, forthwith on the communication of the decision to the judge approve or not approve the application.
1974-75-76, c. 108, s. 14.
Federal Courts Act
Notwithstanding section 28 of theFederal Courts Act, the Federal Court of Appeal does not have jurisdiction to hear and determine an application to review and set aside a decision made under this Act if the decision may be appealed under section 14 of this Act.
R.S., 1985, c. C-29, s. 16; 2002, c. 8, s. 182.
Where a person has made an application under this Act and the Minister is of the opinion that there is insufficient information to ascertain whether that person meets the requirements of this Act and the regulations with respect to the application, the Minister may suspend the processing of the application for the period, not to exceed six months immediately following the day on which the processing is suspended, required by the Minister to obtain the necessary information.
1974-75-76, c. 108, s. 16.
(1) The Minister shall not make a report under section 10 unless the Minister has given notice of his intention to do so to the person in respect of whom the report is to be made and
(a) that person does not, within thirty days after the day on which the notice is sent, request that the Minister refer the case to the Court; or
(b) that person does so request and the Court decides that the person has obtained, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances.
1974-75-76, c. 108, s. 17.
(1) In this section and sections 19.1, 19.2 and 20, “Review Committee” and “threats to the security of Canada” have the same meanings as in theCanadian Security Intelligence Service Act.
(a) that constitutes a threat to the security of Canada, or
(b) that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of any offence that may be punishable under any Act of Parliament by way of indictment,
the Minister may make a report to the Review Committee.
Canadian Security Intelligence Service Act
Canadian Security Intelligence Service Act apply, with such modifications as the circumstances require, to the investigation as if the investigation were conducted in relation to a complaint made pursuant to section 42 of that Act, except that a reference in any of those provisions to “deputy head” shall be read as a reference to the Minister.
R.S., 1985, c. C-29, s. 19; 1992, c. 1, s. 144(F); 1997, c. 22, s. 1.
(1) After consultation by the Prime Minister of Canada with the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House, the Governor in Council may appoint a retired judge of a superior court for a term of three to five years to perform the duties of the Review Committee described in subsections 19(4), (5) and (6).
1997, c. 22, s. 2.
(1) The Minister may refer to the person appointed under subsection 19.1(1) any case that the Review Committee has ceased to investigate under subsection 19(4.1) and, in that case, the Minister must make a report described in subsection 19(2) to the appointed person and send the notice described in subsection 19(3).
1997, c. 22, s. 2.
The person appointed under subsection 19.1(1) must, not later than September 30, submit to the Minister of Public Safety and Emergency Preparedness a report of the activities of the person during the preceding fiscal year and that Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.
1997, c. 22, s. 2; 2005, c. 10, s. 14.
(1) Notwithstanding anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 where, after considering the report made under subsection 19(6) by the Review Committee or the person appointed under subsection 19.1(1), the Governor in Council declares that there are reasonable grounds to believe that the person with respect to whom the report was made will engage in an activity described in paragraph 19(2)(a) or (b).
R.S., 1985, c. C-29, s. 20; 1997, c. 22, s. 3.
Notwithstanding anything in this Act, no period may be counted as a period of residence for the purpose of this Act during which a person has been, pursuant to any enactment in force in Canada,
(a) under a probation order;
(b) a paroled inmate; or
(c) confined in or been an inmate of any penitentiary, jail, reformatory or prison.
1974-75-76, c. 108, s. 19.
(1) Notwithstanding anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or take the oath of citizenship
(a) while the person is, pursuant to any enactment in force in Canada,
(i) under a probation order,
(ii) a paroled inmate, or
(iii) confined in or is an inmate of any penitentiary, jail, reformatory or prison;
(b) while the person is charged with, on trial for or subject to or a party to an appeal relating to an offence under subsection 29(2) or (3) or an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under theContraventions Act;
(c) while the person is under investigation by the Minister of Justice, the Royal Canadian Mounted Police or the Canadian Security Intelligence Service for, or is charged with, on trial for, subject to or a party to an appeal relating to, an offence under any of sections 4 to 7 of theCrimes Against Humanity and War Crimes Act;
(d) if the person has been convicted of an offence under any of sections 4 to 7 of theCrimes Against Humanity and War Crimes Act;
(e) if the person has not obtained the authorization to return to Canada required under subsection 52(1) of theImmigration and Refugee Protection Act; or
(f) if, during the five years immediately preceding the person’s application, the person ceased to be a citizen pursuant to subsection 10(1).
Criminal Records Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or take the oath of citizenship if,
(a) during the three year period immediately preceding the date of the person’s application, or
(b) during the period between the date of the person’s application and the date that the person would otherwise be granted citizenship or take the oath of citizenship,
the person has been convicted of an offence under subsection 29(2) or (3) or of an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under theContraventions Act.
R.S., 1985, c. C-29, s. 22; R.S., 1985, c. 30 (3rd Supp.), s. 11; 1992, c. 47, s. 67, c. 49, s. 124; 1999, c. 31, s. 42; 2000, c. 24, s. 33; 2001, c. 27, s. 231.
Anything that is required to be done or that may be done by the Minister under this Act or the regulations may be done on behalf of the Minister by any person authorized by the Minister in writing to act on his behalf without proof of the authenticity of the authorization.
1974-75-76, c. 108, s. 21.
Where a person is required under this Act to take the oath of citizenship, the person shall swear or affirm in the form set out in the schedule and in accordance with the regulations.
1974-75-76, c. 108, s. 23.
(1) Any declaration made under this Act or prior legislation or any regulations made thereunder may be proved in any legal proceeding by the production of the original declaration or of any copy thereof certified to be a true copy by the Minister, and the production of the declaration or copy is conclusive evidence of the contents thereof and of the person named therein as declarant having made the declaration at the date therein mentioned.
1974-75-76, c. 108, s. 24.
(1) The Governor in Council may appoint any citizen to be a citizenship judge.
1974-75-76, c. 108, s. 25.
The Governor in Council may make regulations
(a) prescribing the manner in which and the place at which applications and registrations are to be made and notices are to be given under this Act and the evidence that is to be provided with respect thereto;
(b) fixing fees for
(i) the making of any application under this Act,
(ii) the issuing of any certificate under this Act,
(iii) the registration of any person as a citizen under this Act,
(iv) the provision of any certified or uncertified copy of a document from the records kept in the course of the administration of this Act or prior legislation,
(v) the administration of any oath, solemn affirmation or declaration filed, made, issued, delivered or administered pursuant to this Act or the regulations, or
(vi) any search of the records referred to in subparagraph (iv);
(c) providing for the remission of fees referred to in paragraph (b);
(d) providing for various criteria that may be applied to determine whether a person
(i) has an adequate knowledge of one of the official languages of Canada,
(ii) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship, or
(iii) has a substantial connection with Canada;
(e) prescribing the procedures to be followed in the referral of applications to citizenship judges;
(f) prescribing the procedures to be followed by citizenship judges in the performance of their duties;
(g) prescribing the ceremonial procedures to be followed by citizenship judges;
(h) respecting the taking of the oath of citizenship;
(i) providing for the number of copies of any certificate, declaration or other document made or issued under this Act or prior legislation or any regulations made thereunder that any person is entitled to have;
(j) providing for the surrender and retention of certificates of citizenship, certificates of naturalization or certificates of renunciation issued or granted under this Act or prior legislation or any regulations made thereunder if there is reason to believe that the holder thereof may not be entitled thereto or has contravened any of the provisions of this Act;
(k) providing for the surrender and cancellation of certificates referred to in paragraph (j) where the holder thereof has ceased to be entitled thereto; and
(l) generally, to carry out the purposes and provisions of this Act.
1974-75-76, c. 108, s. 26.
The Minister may prescribe the forms of applications, certificates and other documents required for the purposes of this Act.
1974-75-76, c. 108, s. 27.
(1) For the purposes of this section, “certificate” means a certificate of citizenship, a certificate of naturalization or a certificate of renunciation.
(a) for any of the purposes of this Act makes any false representation, commits fraud or knowingly conceals any material circumstances,
(b) obtains or uses a certificate of another person in order to personate that other person,
(c) knowingly permits his certificate to be used by another person to personate himself, or
(d) traffics in certificates or has in his possession any certificate for the purpose of trafficking,
is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both.
(a) without lawful authority issues or alters a certificate,
(b) counterfeits a certificate, or
(c) uses, acts on or causes or attempts to cause any person to use or act on a certificate, knowing it to have been unlawfully issued or altered or to have been counterfeited,
is guilty of an indictable offence and liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three years or to both.
1974-75-76, c. 108, s. 28.
(1) An act or omission that would, if committed in Canada, be an offence under this Act is, if committed outside Canada, an offence under this Act.
1974-75-76, c. 108, s. 29.
Any proceedings in respect of an offence under this Act or the regulations that is punishable on summary conviction may be instituted at any time within but not later than three years after the time when the offence was committed.
1974-75-76, c. 108, s. 30.
(1) Every person who, under an enactment of a Commonwealth country other than Canada, is a citizen or national of that country has in Canada the status of a citizen of the Commonwealth.
1974-75-76, c. 108, s. 31.
Any law of Canada and any regulation made thereunder shall, unless it otherwise provides, have effect in relation to a citizen of Ireland who is not a citizen of the Commonwealth in like manner as it has in relation to a citizen of the Commonwealth.
1974-75-76, c. 108, s. 32.
Subject to section 35,
(a) real and personal property of every description may be taken, acquired, held and disposed of by a person who is not a citizen in the same manner in all respects as by a citizen; and
(b) a title to real and personal property of every description may be derived through, from or in succession to a person who is not a citizen in the same manner in all respects as though through, from or in succession to a citizen.
1974-75-76, c. 108, s. 33.
(1) Subject to subsection (3), the Lieutenant Governor in Council of a province or such other person or authority in the province as is designated by the Lieutenant Governor in Council thereof is authorized to prohibit, annul or in any manner restrict the taking or acquisition directly or indirectly of, or the succession to, any interest in real property located in the province by persons who are not citizens or by corporations or associations that are effectively controlled by persons who are not citizens.
(a) what transactions constitute a direct or an indirect taking or acquisition of any interest in real property located in the province;
(b) what constitutes effective control of a corporation or association by persons who are not citizens; and
(c) what constitutes an association.
(a) prohibits, annuls or restricts the taking or acquisition directly or indirectly of, or the succession to, any interest in real property located in a province by a permanent resident within the meaning of subsection 2(1) of theImmigration and Refugee Protection Act;
(b) conflicts with any legal obligation of Canada under any international law, custom or agreement;
(c) discriminates as between persons who are not citizens on the basis of their nationalities, except in so far as more favourable treatment is required by any legal obligation of Canada under any international law, custom or agreement;
(d) hinders any foreign state in taking or acquiring real property located in a province for diplomatic or consular purposes; or
(e) prohibits, annuls or restricts the taking or acquisition directly or indirectly of any interest in real property located in a province by any person in the course or as a result of an investment that the Minister is satisfied or is deemed to be satisfied is likely to be of net benefit to Canada under theInvestment Canada Act.
R.S., 1985, c. C-29, s. 35; R.S., 1985, c. 28 (1st Supp.), s. 49; 2001, c. 27, s. 232.
(1) Every person who fails to comply with any prohibition, annulment or restriction made pursuant to subsection 35(1) is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both.
1974-75-76, c. 108, s. 33.
Sections 35 and 36 shall come into force in any of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, British Columbia, Prince Edward Island, Saskatchewan and Newfoundland or in Yukon, the Northwest Territories or Nunavut on a day fixed in a proclamation of the Governor in Council declaring those sections to be in force in that Province or any of those territories.
R.S., 1985, c. C-29, s. 37; 1993, c. 28, s. 78; 2002, c. 7, s. 131.
Sections 34 and 35 do not operate so as to
(a) qualify any person for any office or for any municipal, parliamentary or other franchise;
(b) qualify any person to be the owner of a Canadian ship;
(c) qualify any person to take, acquire, hold or dispose of any property that under or pursuant to any Act of Parliament may be taken, acquired, held or disposed of only by citizens;
(d) entitle any person to any right or privilege as a Canadian citizen except such rights and privileges in respect of property as are by this Act expressly given to the person; or
(e) affect any estate or interest in real or personal property to which a person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before July 4, 1883, or in pursuance of any devolution by law on the death of any person dying before July 4, 1883.
1974-75-76, c. 108, s. 33.
A person who is not a citizen is triable at law in the same manner as if the person were a citizen.
1974-75-76, c. 108, s. 34.
(Section 24)
OATH OR AFFIRMATION OF CITIZENSHIP
I swear
(or
affirm) that I will
be faithful and bear true allegiance to Her Majesty Queen
Elizabeth the Second, Queen of Canada, Her Heirs and
Successors, and that I will faithfully observe the laws of
Canada and fulfil my duties as a Canadian citizen.
1974-75-76,
c. 108, Sch.
Source: http://laws.justice.gc.ca/en/C-29/SOR-93-246/text.html
Regulation current to February 21, 2006
Citizenship Regulations, 1993
SOR/93-246
Registration
11 May, 1993
CITIZENSHIP
ACT
Citizenship
Regulations, 1993
His
Excellency the Governor General in Council, on the
recommendation of the Minister of Multiculturalism and
Citizenship, pursuant to section 27 of the Citizenship Act,
is pleased hereby to revoke the Citizenship Regulations,
C.R.C., c. 400, and to make the annexed Regulations
respecting Citizenship, in substitution therefor.
REGULATIONS RESPECTING CITIZENSHIP
SHORT TITLE
1.
These
Regulations may be cited as the Citizenship
Regulations, 1993.
INTERPRETATION
2.
In these
Regulations,
"Act"
means the Citizenship
Act;
(Loi)
"citizenship court" means a place where a citizenship judge
or citizenship officer performs duties under the Act;
(bureau
de la citoyenneté)
"citizenship officer" means a person who is authorized by
the Minister in writing to perform the duties of a
citizenship officer prescribed by these Regulations;
(agent
de la citoyenneté)
"foreign service officer" means a Canadian diplomatic or
consular officer who is accredited to carry out or is
carrying out official duties in the country in which a
person making an application or a registration or giving a
notice pursuant to the Act resides or, if there is no such
officer in that country, such an officer who is accredited
to carry out or is carrying out official duties in a nearby
country; (agent
du service extérieur)
"parent" means the father or mother of a child, whether or
not the child was born in wedlock, and includes an adoptive
parent; (parent)
"prescribed" means prescribed by the Minister;
(prescrit)
"Registrar" means the Registrar of Canadian Citizenship.
(greffier)
GRANT OF CITIZENSHIP
3.
(1) An
application made under subsection 5(1) of the Act shall be
(a)
made in prescribed form; and
(b)
subject to subsection (3), filed, together with the
materials described in subsection (4), with a citizenship
officer of the citizenship court that is closest to the
place where the applicant resides.
(2)
A citizenship officer with whom an application and
materials are filed pursuant to subsection (1) shall
forthwith forward a copy thereof to the Registrar.
(3)
Where an applicant referred to in subsection (1) resides
more than 100 km from a citizenship court or, in the
opinion of the Minister, compliance with paragraph
(1)(b)
would result in undue hardship to the applicant, the
Minister may authorize the applicant to forward the
application and materials to the Registrar.
(4)
For the purposes of subsections (1) and (3), the materials
required by this section are
(a)
a birth certificate or other evidence that establishes the
date and place of birth of the applicant;
(b)
a record of landing on form IMM 1000 or any replacement
document that may be created by the Canadian immigration
authorities, or other evidence that establishes the date on
which the applicant was lawfully admitted to Canada for
permanent residence; and
(c)
two photographs of the applicant signed by the applicant of
the size and type shown on a form prescribed under section
28 of the Act.
(5)
On receipt of an application and materials forwarded
pursuant to subsection (3), the Registrar shall forthwith
forward a copy thereof to a citizenship officer of the
citizenship court that the Registrar considers appropriate
in the circumstances. SOR/94-442, s. 1.
(6)
to (12) [Repealed, SOR/94-442, s. 1]
4.
(1) An
application made under paragraph 5(2)(a)
of the Act on behalf of a minor child shall be
(a)
made to the Minister in prescribed form by either parent,
by a legal or de
facto guardian
or by any other person having custody of the minor child,
whether by virtue of an order of a court of competent
jurisdiction, a written agreement or the operation of law;
(b)
countersigned by the minor child, if the child has attained
the age of 14 years on or before the date of the
application and is not prevented from understanding the
significance of the application because of a mental
disability; and
(c)
filed, together with the materials described in subsection
(2), with
(i) the
Registrar, if the application is made in Canada, or
(ii) a foreign service officer, if the application is made
outside Canada.
(2)
For the purposes of paragraph (1)(c),
the materials required by this section are
(a)
a birth certificate or other evidence that establishes the
date and place of birth of the minor child;
(b)
evidence that establishes that the minor child is the child
of a citizen;
(c)
if the person making the application is not the father or
mother of the minor child, a certified copy of an order of
a court of competent jurisdiction or of a written
agreement, or other evidence, that establishes that the
applicant has the custody of the child;
(d)
a record of landing on form IMM 1000 or any replacement
document that may be created by the Canadian immigration
authorities, or other evidence, that establishes the date
on which the minor child was lawfully admitted to Canada
for permanent residence;
(e)
evidence that establishes that the minor child is prevented
from understanding the significance of the application
because of a mental disability, if the child has attained
the age of 14 years on or before the date of the
application and has not countersigned it; and
(f)
two photographs of the minor child of the size and type
shown on a form prescribed under section 28 of the Act and
signed by the child if the child has attained the age of 14
years on or before the date of the application.
5.
(1)
Subject to subsection (3), an application made under
paragraph 5(2)(b)
of the Act shall be
(a)
made to the Minister in prescribed form; and
(b)
filed, together with the materials described in subsection
(2), with
(i) the
Registrar, if the application is made in Canada, or
(ii) a foreign service officer, if the application is made
outside Canada.
(2)
For the purposes of subsection (1), the materials required
by this section are
(a)
a birth certificate or, if unobtainable, other evidence
that establishes the date and place of birth of the person
in respect of whom the application is made;
(b)
evidence that establishes the citizenship of the father and
mother at the time of the birth of the person in respect of
whom the application is made;
(c)
evidence that establishes that the person in respect of
whom the application is made was born in wedlock; and
(d)
two photographs of the person in respect of whom the
application is made, of the size and type shown on a form
prescribed under section 28 of the Act and signed by the
person if the person has attained the age of 14 years on or
before the date of the application.
(3)
An application referred to in subsection (1) that is made
in respect of a minor child shall comply with the
requirements of paragraphs 4(1)(a)
and (b)
and be filed with the Registrar or a foreign service
officer in accordance with paragraph
(1)(b),
together with the materials described in subsection (2) and
in paragraphs 4(2)(c)
and (e).
(4)
Where an application and materials are filed with a foreign
service officer under subsection (1) or (3), the officer
shall forthwith forward a copy thereof to the Registrar.
RETENTION OF CITIZENSHIP
6.
(1) An
application made under section 8 of the Act shall
(a)
include an application to register as a citizen;
(b)
be made in prescribed form;
(c)
if the application is made by a minor child, be
countersigned by a person who is required by paragraph
4(1)(a)
to make an application under paragraph
5(2)(a)
of the Act; and
(d)
be filed, together with the materials described in
subsection (3), with
(i) the
Registrar, if the application is made in Canada, or
(ii) a foreign service officer, if the application is made
outside Canada.
(2)
Where an application and materials are filed with a foreign
service officer under subsection (1), the officer shall
forthwith forward a copy thereof to the Registrar.
(3)
For the purposes of paragraph (1)(d),
the materials required by this section are
(a)
a birth certificate or, if unobtainable, other evidence
that establishes the date and place of birth of the
applicant;
(b)
a birth certificate or other evidence that establishes the
date and place of birth of the parent through whom the
applicant derives citizenship and evidence that establishes
the citizenship of that parent at the time of the
applicant's birth;
(c)
two photographs of the applicant of the size and type shown
on a form prescribed under section 28 of the Act and signed
by the applicant if the applicant has attained the age of
14 years on or before the date of the application;
(d)
if the application is made by a minor child , the materials
required by paragraph 4(2)(c)
with respect to the person who countersigned the
application; and
(e)
evidence that establishes that the applicant has resided in
Canada for a period of at least one year immediately
preceding the date of the application or that the applicant
has established a substantial connection with Canada.
RENUNCIATION OF CITIZENSHIP
7.
(1) An
application made under subsection 9(1) of the Act shall be
(a)
made in prescribed form; and
(b)
filed, together with the materials described in subsection
(3), with
(i) the
Registrar, if the application is made in Canada, or
(ii) a foreign service officer, if the application is made
outside Canada.
(2)
Where an application and materials are filed with a foreign
service officer under subsection (1), the officer shall
forthwith forward a copy thereof to the Registrar.
(3)
For the purposes of paragraph (1)(b),
the materials required by this section are
(a)
a birth certificate or, if unobtainable, other evidence
that establishes the date and place of birth of the
applicant;
(b)
evidence that establishes the citizenship of the applicant;
(c)
a photograph of the applicant signed by the applicant of
the size and type shown on a form prescribed under section
28 of the Act;
(d)
an official document of a country other than Canada or
other evidence that establishes that the applicant is or
will become a citizen of that country if the application
referred to in subsection (1) is accepted; and
(e)
evidence that establishes the place of residence of the
applicant.
RESUMPTION OF CITIZENSHIP
8.
(1) An
application made under subsection 11(1) of the Act shall be
(a)
made in prescribed form;
(b)
if the application is made by a minor child, countersigned
by a person who is required by paragraph
4(1)(a)
to make an application under paragraph
5(2)(a)
of the Act; and
(c)
filed with the Registrar, together with the materials
described in subsection (2).
(2)
For the purposes of paragraph (1)(c),
the materials required by this section are
(a)
a birth certificate or other evidence that establishes the
date and place of birth of the applicant;
(b)
two photographs of the applicant of the size and type shown
on a form prescribed under section 28 of the Act and signed
by the applicant if the applicant has attained the age of
14 years on or before the date of the application;
(c)
evidence that establishes that the applicant was a citizen
but has ceased to be one;
(d)
a record of landing on form IMM 1000 or any replacement
document that may be created by the Canadian immigration
authorities, or other evidence that establishes the date on
which the applicant was lawfully admitted to Canada for
permanent residence after having ceased to be a citizen;
and
(e)
if the application is made by a minor child and is
countersigned by a person other than the father or mother
of the minor child, a certified copy of an order of a court
of competent jurisdiction or of a written agreement, or
other evidence that establishes that the person who
countersigned the application has the custody of the minor
child.
9.
(1) For
the purposes of subsection 11(2) of the Act, a woman may
give notice in writing to the Minister by sending a letter,
together with the materials described in subsection (2), to
(a)
the Registrar, if she resides in Canada; or
(b)
a foreign service officer, if she resides outside Canada.
(2)
For the purposes of subsection (1), the materials required
by this section are such evidence as the woman giving
notice possesses that relates to
(a)
the date and place of her birth;
(b)
the date and place of her marriage;
(c)
her nationality immediately before her marriage;
(d)
the nationality of her husband at the time of their
marriage; and
(e)
any nationality acquired by her husband since their
marriage.
(3)
Where a foreign service officer receives a letter and
materials under subsection (1), the officer shall forthwith
forward them to the Registrar.
(4)
Where the Registrar does not receive together with the
letter evidence that establishes whether a woman meets the
requirements of subsection 11(2) of the Act, the Registrar
shall forthwith communicate with the woman and make all
other reasonable inquiries in an endeavour to obtain such
evidence.
CERTIFICATE OF CITIZENSHIP
10.
An
application by a citizen for a certificate of citizenship
made under subsection 12(1) of the Act shall be
(a)
made in prescribed form; and
(b)
filed with the Registrar, together with
(i)
evidence that establishes that the applicant is a citizen,
and
(ii) two photographs of the applicant of the size and type
shown on a form prescribed under section 28 of the Act and
signed by the applicant if the applicant has attained the
age of 14 years on or before the date of the application.
PROCEDURE
11.
(1) On
receipt of an application made in accordance with
subsection 3(1), 6(1), 7(1) or 8(1), the Registrar shall
cause to be commenced the inquiries necessary to determine
whether the person in respect of whom the application is
made meets the requirements of the Act and these
Regulations with respect to the application.
(2)
Where an applicant who makes an application referred to in
subsection 3(1) fails to provide the materials described in
subsection 3(4), the citizenship officer with whom the
application was filed or to whom the application has been
forwarded under subsection 3(5) shall send a notice in
writing by ordinary mail to the applicant, at the
applicant's latest known address, advising that the
applicant is required to provide the materials to that
citizenship officer by the date specified in the notice.
(3)
Where an applicant who makes an application referred to in
subsection 6(1), 7(1) or 8(1) fails to provide the
materials described in subsection 6(3), 7(3) or 8(2), as
the case may be, the Registrar shall send a notice in
writing by ordinary mail to the applicant, at the
applicant's latest known address, advising that the
applicant is required to provide the materials to the
Registrar by the date specified in the notice.
(4)
Where an applicant fails to comply with a notice given
pursuant to subsection (2) or (3), the citizenship officer
or the Registrar, as the case may be, shall send a second
notice in writing by registered mail to the applicant, at
the applicant's latest known address, advising that the
applicant is required to provide the materials described in
subsection 3(4), 6(3), 7(3) or 8(2), as the case may be, to
the Registrar or to the citizenship officer, as the case
may be, by the date specified in the notice.
(5)
After completion of the inquiries commenced pursuant to
subsection (1), the Registrar shall
(a)
in the case of an application and materials filed with a
citizenship officer in accordance with subsection 3(1), or
forwarded to the Registrar under subsection 3(3), request
the citizenship officer with whom the application and
materials have been filed or to whom they have been
forwarded under subsection 3(5) to refer the application
and materials to a citizenship judge for consideration; and
(b)
in the case of an application and materials filed under
subsection 6(1), 7(1) or 8(1), forward the application and
materials to a citizenship officer of the citizenship court
that the Registrar considers appropriate in the
circumstances, and request the citizenship officer to refer
the application and materials to a citizenship judge for
consideration.
(6)
A citizenship officer with whom an application and
materials have been filed under subsection 3(1), or to whom
they have been forwarded under subsection 3(5) or paragraph
(5)(b),
shall enter in the records of the citizenship court the
date on which the officer received the application and
materials.
(7)
Where it appears to a citizenship judge that the approval
of an application referred to the citizenship judge under
subsection (5) may not be possible on the basis of the
information available, that citizenship judge shall ask the
Minister to send a notice in writing by ordinary mail to
the applicant, at the applicant's latest known address,
giving the applicant an opportunity to appear in person
before that citizenship judge at the date, time and place
specified in the notice.
(8)
Where an applicant referred to in subsection (7) fails to
appear in person at the specified date, time and place, the
Minister shall give the applicant at least seven days
notice in writing by registered mail, at the applicant's
latest known address, advising that the applicant may
appear in person before the citizenship judge at the new
date, time and place specified in the notice.
(9)
Where an applicant fails to comply with a notice given
pursuant to subsection (4) or fails to appear at the new
date, time and place set pursuant to subsection (8), the
applicant's application and any materials relating to it
shall be forwarded to the Registrar, who shall record the
application as having been abandoned, and no further action
shall be taken with respect to the application.
(10)
Where an application has been recorded as abandoned
pursuant to subsection (9), the applicant may make a new
application. SOR/94-442, s. 2.
12.
Where,
under subsection 11(7), an applicant appears before a
citizenship judge, the applicant may be
(a)
required to give evidence under oath or not under oath, as
the citizenship judge may, at the judge's discretion,
decide; and
(b)
accompanied by such other persons as the citizenship judge
may, at the judge's discretion, permit in the interests of
the applicant and of the expeditious determination of the
matter. SOR/94-442, s. 2.
13.
[Repealed,
SOR/94-442, s. 2]
OFFICIAL LANGUAGES CRITERIA
14.
The
criteria for determining whether a person has an adequate
knowledge of one of the official languages of Canada are,
based on questions prepared by the Minister,
(a)
that the person comprehends, in that language, basic spoken
statements and questions; and
(b)
that the person can convey orally or in writing, in that
language, basic information or answers to questions.
SOR/94-442, s. 2.
KNOWLEDGE OF CANADA AND CITIZENSHIP
CRITERIA
15.
The
criteria for determining whether a person has an adequate
knowledge of Canada and of the responsibilities and
privileges of citizenship are that, based on questions
prepared by the Minister, the person has a general
understanding of
(a)
the right to vote in federal, provincial and municipal
elections and the right to run for elected office;
(b)
enumerating and voting procedures related to elections; and
(c)
one of the following topics, to be included at random in
the questions prepared by the Minister, namely,
(i) the
chief characteristics of Canadian social and cultural
history,
(ii) the chief characteristics of Canadian political
history,
(iii) the chief characteristics of Canadian physical and
political geography, or
(iv) the responsibilities and privileges of citizenship,
other than those referred to in paragraphs
(a)
and (b).
SOR/94-442, s. 3.
SUBSTANTIAL CONNECTION WITH CANADA
CRITERIA
16.
The
criteria for determining whether a person has a substantial
connection with Canada are
(a)
that the person has been employed, for at least two of the
four years immediately before the date of the person's
application, in the public service of Canada or of a
province or as a member of the Canadian Forces or the Royal
Canadian Mounted Police or as a Canadian representative to
the United Nations or one of its affiliated agencies; or
(b)
that the person has an adequate knowledge of Canada, of one
of the official languages of Canada and of the
responsibilities and privileges of citizenship, determined
in accordance with the criteria set out in sections 14 and
15 and, since attaining the age of 14 years, has spent more
than one year in Canada with a parent, brother, sister,
aunt, uncle or grandparent or in attendance at a recognized
secondary or post-secondary educational institution.
CEREMONIAL PROCEDURES OF CITIZENSHIP
JUDGES
17.
(1) The
ceremonial procedures to be followed by citizenship judges
shall be appropriate to impress on new citizens the
responsibilities and privileges of citizenship and, without
limiting the generality of the foregoing, a citizenship
judge shall, during a ceremony held for the presentation of
certificates of citizenship,
(a)
emphasize the significance of the ceremony as a milestone
in the lives of the new citizens;
(b)
subject to subsection 22(1), administer the oath of
citizenship with dignity and solemnity, allowing the
greatest possible freedom in the religious solemnization or
the solemn affirmation thereof;
(c)
personally present certificates of citizenship, unless
otherwise directed by the Minister; and
(d)
promote good citizenship, including respect for the law,
the exercise of the right to vote, participation in
community affairs and intergroup understanding.
(2)
Unless the Minister otherwise directs, a certificate of
citizenship issued to a person who has been granted
citizenship under subsection 5(l) of the Act shall be
presented at a ceremony described in subsection (l).
TRANSFER OF JURISDICTION
18.
(1) A
citizenship officer shall forward the following kinds of
applications and all materials in connection with them, as
applicable, to the Registrar who shall forthwith transmit
them to a citizenship officer of the citizenship court that
the Registrar considers appropriate in the circumstances:
(a)
applications made under subsection 5(1), section 8 or
subsection 9(1) or 11(1) of the Act by or in respect of a
person who is in Canada but who is no longer within the
territorial jurisdiction of a citizenship judge to whom the
application would ordinarily be referred for consideration
by the citizenship officer with whom it has been filed or
to whom it has been forwarded; and
(b)
applications made under section 8 or subsection 9(1) or
11(1) of the Act that, before they have been referred to a
citizenship judge for consideration, have become
inappropriate to be referred to the citizenship judge who
would ordinarily be appropriate.
(2)
Where an application mentioned in subsection (1) is
referred to a citizenship judge by a citizenship officer
with whom it was filed or to whom it was forwarded and the
citizenship judge is unable to carry out the duties of the
judge's office, the Registrar may refer the application to
another citizenship judge for consideration.
OATH OF CITIZENSHIP
19.
(1)
Subject to subsection 5(3) of the Act and section 22 of
these Regulations, a person who has been granted
citizenship under subsection 5(1) of the Act shall take the
oath of citizenship by swearing or solemnly affirming it
before a citizenship judge.
(2)
Unless the Minister otherwise directs, the oath of
citizenship shall be taken at a citizenship ceremony.
(3)
Where a person is to take the oath of citizenship at a
citizenship ceremony, a certificate of citizenship shall be
forwarded by the Registrar to a citizenship officer of the
appropriate citizenship court, who shall notify the person
of the date, time and place at which the person is to
appear before the citizenship judge to take the oath of
citizenship and receive the person's certificate of
citizenship.
20.
(1)
Subject to subsection 5(3) of the Act and section 22 of
these Regulations, a person who is 14 years of age or older
on the day on which the person is granted citizenship under
subsection 5(2) or (4) or 11(1) of the Act shall take the
oath of citizenship by swearing or solemnly affirming it
(a)
before a citizenship judge, if the person is in Canada; or
(b)
before a foreign service officer, if the person is outside
Canada.
(2)
Where a person is to take the oath of citizenship pursuant
to subsection (1), the Registrar shall forward a
certificate of citizenship to
(a)
a citizenship officer of the citizenship court that the
Registrar considers appropriate in the circumstances, if
the oath is to be taken in Canada; or
(b)
a foreign service officer in the country in which the
person is living, if the oath is to be taken outside
Canada.
(3)
A citizenship officer or foreign service officer mentioned
in paragraph (2)(a)
or (b)
shall notify the person of the date, time and place at
which the person is to appear and take the oath of
citizenship.
21.
Subject
to section 22, a person who takes the oath of citizenship
pursuant to subsection 19(1) or 20(1) shall, at the time
the person takes it, sign a certificate in prescribed form
certifying that the person has taken the oath, and the
certificate shall be countersigned by the citizenship
officer or foreign service officer who administered the
oath and forwarded to the Registrar.
22.
(1) The
Minister or a person authorized by the Minister in writing
to act on the Minister's behalf may administer the oath of
citizenship to any person who has been granted citizenship
and, in such case, the Registrar shall make all necessary
arrangements for the purpose of administering the oath.
(2)
Where the Minister or a person authorized by the Minister
in writing to act on the Minister's behalf administers the
oath of citizenship, a citizenship officer who is
authorized to do so by the Registrar shall countersign the
certificate and forward it to the Registrar. SOR/94-442, s.
4.
23.
(1)
Where a person who fails to appear and take the oath of
citizenship at the date, time and place appointed for that
purpose fails, within 60 days after that date, to satisfy
the citizenship judge or foreign service officer before
whom the person was to appear, or the Minister where the
person was to appear before a Minister of the Crown, that
the person was prevented from appearing by some good and
sufficient cause, the person's certificate of citizenship
shall be returned to the Registrar.
(2)
Where a person described in subsection (1) satisfies the
citizenship judge or foreign service officer before whom
the person was to appear, or the Minister where the person
was to appear before a Minister of the Crown, of the matter
referred to in that subsection, another date, time and
place shall be appointed by the citizenship judge, foreign
service officer or the Registrar for the person to appear
and take the oath of citizenship.
OATHS, SOLEMN AFFIRMATIONS AND
DECLARATIONS
24.
Subject
to sections 19 to 22, any oath, solemn affirmation or
declaration that is made for the purposes of the Act or
these Regulations may be taken before
(a)
the Registrar, a citizenship judge, a citizenship officer,
a commissioner for taking oaths, a notary public or a
justice of the peace, if made in Canada; or
(b)
a foreign service officer, a judge, a magistrate, an
officer of a court of justice or a commissioner authorized
to administer oaths in the country in which the person is
living, if made outside Canada.
REPLACEMENT, SURRENDER AND CANCELLATION OF
CERTIFICATES
25.
(1)
Subject to subsection (2), no person shall hold
(a)
more than one valid
(i)
certificate of naturalization or certificate of
citizenship, and
(ii) miniature certificate of citizenship or other
certificate of citizenship that contains the person's
photograph; or
(b)
more than one certificate of renunciation.
(2)
Where a person is included in a certificate of
naturalization that relates to more than one person, the
person may also hold a certificate of citizenship.
(3)
Where a person who has been granted or issued a certificate
of naturalization, certificate of citizenship, miniature
certificate of citizenship or other certificate of
citizenship that contains the person's photograph makes an
application for a certificate of citizenship under section
10, the person shall
(a)
set out in the application the reasons for desiring another
certificate of citizenship; and
(b)
surrender all certificates referred to in paragraph
(1)(a)
that are in the person's possession to a citizenship
officer or foreign service officer
(i) at
the time the application is filed, or
(ii) at the time the new certificate is received.
(4)
Where an application is made pursuant to subsection (3) for
reasons of loss or destruction of a certificate of
naturalization, certificate of citizenship, miniature
certificate of citizenship or other certificate of
citizenship that contains the applicant's photograph, the
applicant shall provide the details of the loss or
destruction.
(5)
Where a person who has been issued a certificate of
renunciation makes an application for another certificate,
the person shall
(a)
set out in the application the reasons for desiring another
certificate; and
(b)
surrender the previously issued certificate to a
citizenship officer or foreign service officer
(i) at
the time the application is filed, or
(ii) at the time the new certificate is received.
(6)
Where an application is made pursuant to subsection (5) for
reasons of loss or destruction of the previously issued
certificate, the applicant shall provide the details of the
loss or destruction.
(7)
The Registrar may require a person referred to in
subsection (3) or (5) to provide the Registrar with such
evidence as the Registrar deems necessary to be satisfied
that the issuance of the certificate will not be in
contravention of subsection (1).
26.
(1) The
Registrar may, in writing, require a person to surrender to
the Registrar any certificate of naturalization,
certificate of citizenship, miniature certificate of
citizenship or other certificate of citizenship that
contains the person's photograph, or certificate of
renunciation, issued or granted to the person under the Act
or prior legislation or any regulations made thereunder if
there is reason to believe that the person may not be
entitled to the certificate or has violated any of the
provisions of the Act, and the person shall forthwith
comply with the requirement.
(2)
Where the Registrar is of the opinion that the holder of a
certificate of naturalization, certificate of citizenship,
miniature certificate of citizenship or other certificate
of citizenship that contains the holder's photograph, or
certificate of renunciation, contravened any provision of
the Act, the Registrar shall cause to be retained any
certificate surrendered to the Registrar by that person
until that certificate is no longer required as evidence in
any legal proceedings that may be instituted in consequence
of the alleged contravention.
(3)
Where the Minister has determined that the holder of a
certificate of naturalization, certificate of citizenship,
miniature certificate of citizenship or other certificate
that contains the holder's photograph, or certificate of
renunciation, issued or granted under the Act or prior
legislation or any regulations made thereunder is not
entitled to the certificate, the Registrar shall cancel the
certificate.
(4)
The Registrar shall forthwith return the certificate to the
person where the Minister has determined that the person is
entitled to the certificate.
GENERAL
27.
A birth
certificate or other official document forwarded by a
person in connection with an application under these
Regulations shall be returned to the person when it is no
longer required for the purpose of the application.
28.
Notwithstanding
anything in these Regulations, a person who makes an
application under the Act shall furnish any additional
evidence in connection with the application that may be
required to establish that the person meets the
requirements of the Act and these Regulations.
29.
An
application for a search of the records kept in the course
of the administration of the Act or prior legislation shall
be made in prescribed form and shall be filed with the
Registrar.
30.
Where a
foreign service officer receives an application made under
subsection 5(1), 6(1) or 7(1) or a notice given under
subsection 9(1), the foreign service officer shall note the
date of its receipt and retain a copy of it in a file to be
kept for that purpose.
FEES
31.
(1)
Subject to this section, for an application set out in
column I of an item of the schedule, the fee set out in
column III of that item is payable to the applicable
department or officer set out in column II of that item.
(2)
No fee is payable in respect of the administration of an
oath of citizenship.
(3)
No fee is payable in respect of the administration of an
oath, solemn affirmation or statutory declaration where it
is administered by a person employed by Her Majesty in
right of Canada.
(4)
No fee is payable in respect of the replacement of a
certificate where the certificate was lost, mislaid or
mutilated or destroyed without lawful excuse by a court of
law, a department or agency of the Government of Canada,
the Royal Canadian Mounted Police or the Canadian Forces.
(5)
No fee is payable in respect of a search of the records
kept in the course of the administration of the Act or
prior legislation or the provision of a copy of a document
from those records where the search or copy is requested by
(a)
a department or agency of the Government of Canada or of a
province;
(b)
the Royal Canadian Mounted Police or the Canadian Forces;
or
(c)
a person who has submitted, in accordance with section 10,
an application for a certificate of citizenship in respect
of which a determination has not yet been made.
FEE FOR RIGHT TO BE A CITIZEN
32.
The fee
to be paid for the right to be a citizen conferred by or on
behalf of Her Majesty on a person who is eighteen years of
age or over is $100 and is payable by the person at the
time of making the application. SOR/95-122, s. 1.
REMISSION
33.
Remission
is hereby granted of the fee paid under section 32 where
the right to be a citizen is not conferred by or on behalf
of Her Majesty on the person, so that the fee is refunded,
by the Minister, to the person who paid it. SOR/95-122, s.
1.
SOR/95-122,
s. 2; SOR/97-23, s. 1.
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Citizenship Act |
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|
SHORT TITLE |
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|
Short
title
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1. |
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INTERPRETATION |
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|
Definitions
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2. |
| “certificate
of citizenship”
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“certificate
of citizenship” means a certificate of
citizenship issued or granted under this Act or
under the former Act;
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| “certificate
of naturalization”
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“certificate
of naturalization” means a certificate of
naturalization granted under any Act that was in
force in Canada at any time before January 1, 1947;
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| “certificate
of renunciation”
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“certificate
of renunciation” means a certificate of
renunciation issued under section 9;
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| “child”
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“child”
includes a child adopted or legitimized in
accordance with the laws of the place where the
adoption or legitimation took place;
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| “citizen”
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“citizen”
means a Canadian citizen;
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| “citizenship”
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“citizenship”
means Canadian citizenship;
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| “citizenship
judge”
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“citizenship
judge” means a citizenship judge appointed
under section 26;
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| “common-law
partner”
|
“common-law
partner”, in relation to an individual, means
a person who is cohabiting with the individual in a
conjugal relationship, having so cohabited for a
period of at least one year;
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| “Court”
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“Court”
means the Federal Court;
“disability”[Repealed, 1992, c. 21, s. 6] |
| “former
Act”
|
“former Act” means the |
| “Minister”
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“Minister”
means such member of the Queen’s Privy
Council for Canada as is designated by the Governor
in Council as the Minister for the purposes of this
Act;
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| “minor”
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“minor”
means a person who has not attained the age of
eighteen years;
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| “prior
legislation”
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“prior
legislation” means any Act respecting
naturalization or citizenship that was in force in
Canada at any time before February 15, 1977.
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| Interpretation
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(2)
For the purposes of this Act,
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PART I
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Persons
who are citizens
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3. |
| Not
applicable to children of foreign diplomats, etc.
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(2) Paragraph (1)( |
| Deserted
child
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4. |
| Child
born after death of parent
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(2) For the purposes of paragraph 3(1)( |
| Person
born of Canadian parent outside Canada
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(3) For the purposes of paragraph 3(1)( |
| Grant
of citizenship
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5. |
| Residence
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(1.1) Any day during which an applicant for citizenship resided with the applicant’s spouse who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)( |
| Idem
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(2)
The Minister shall grant citizenship to any person
who
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| Waiver
by Minister on compassionate grounds
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(3)
The Minister may, in his discretion, waive on
compassionate grounds,
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| Special
cases
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(4)
In order to alleviate cases of special and unusual
hardship or to reward services of an exceptional
value to Canada, and notwithstanding any other
provision of this Act, the Governor in Council may,
in his discretion, direct the Minister to grant
citizenship to any person and, where such a
direction is made, the Minister shall forthwith
grant citizenship to the person named in the
direction.
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| Rights
and obligations
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6. |
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PART II
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No
loss except as herein provided
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7. |
| Citizens
born abroad
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8. |
| Renunciation
of citizenship
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9. |
| Ministerial
discretion to waive requirements
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(2) The Minister may, in the Minister’s discretion, waive on compassionate grounds the requirements of paragraph (1)( |
| Certificate
of renunciation
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(3)
Where an application for renunciation is approved,
the Minister shall issue a certificate of
renunciation to the applicant and the applicant
ceases to be a citizen after the expiration of the
day on which the certificate is issued or such
later day as the certificate may specify.
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| Order
in cases of fraud
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10. |
| Presumption
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(2)
A person shall be deemed to have obtained
citizenship by false representation or fraud or by
knowingly concealing material circumstances if the
person was lawfully admitted to Canada for
permanent residence by false representation or
fraud or by knowingly concealing material
circumstances and, because of that admission, the
person subsequently obtained citizenship.
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|
PART III
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Resumption
by application
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11. |
| Exception
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(1.1) The requirement set out in paragraph (1)( |
| Automatic
acquisition of citizenship
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(2)
Notwithstanding any other provision of this Act, a
woman, who
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PART IV
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Application
for certificate of citizenship
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12. |
| Issue
of certificate
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(2)
Where an application under section 5 or 8 or
subsection 11(1) is approved, the Minister shall
issue a certificate of citizenship to the
applicant.
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| When
effective
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(3)
A certificate issued pursuant to this section does
not take effect until the person to whom it is
issued has complied with the requirements of this
Act and the regulations respecting the oath of
citizenship.
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|
PART V
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Applications
and registrations
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13. |
| Consideration
by citizenship judge
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14. |
| Interruption
of proceedings
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(1.1) Where an applicant is a permanent resident who is the subject of an admissibility hearing under the |
| Advice
to Minister
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(2)
Forthwith after making a determination under
subsection (1) in respect of an application
referred to therein but subject to section 15, the
citizenship judge shall approve or not approve the
application in accordance with his determination,
notify the Minister accordingly and provide the
Minister with the reasons therefor.
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| Notice
to applicant
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(3)
Where a citizenship judge does not approve an
application under subsection (2), the judge shall
forthwith notify the applicant of his decision, of
the reasons therefor and of the right to appeal.
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| Sufficiency
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(4)
A notice referred to in subsection (3) is
sufficient if it is sent by registered mail to the
applicant at his latest known address.
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| Appeal
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(5)
The Minister or the applicant may appeal to the
Court from the decision of the citizenship judge
under subsection (2) by filing a notice of appeal
in the Registry of the Court within sixty days
after the day on which
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| Decision
final
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(6)
A decision of the Court pursuant to an appeal made
under subsection (5) is, subject to section 20,
final and, notwithstanding any other Act of
Parliament, no appeal lies therefrom.
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| Recommendation
re use of discretion
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15. |
| Subsequent
action
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(2)
Where a citizenship judge makes a recommendation
for an exercise of discretion under subsection (1),
the judge shall
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| Section 28 of | 16. |
| Suspension
of processing of application
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17. |
| Notice
to person in respect of revocation
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18. |
| Nature
of notice
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(2)
The notice referred to in subsection (1) shall
state that the person in respect of whom the report
is to be made may, within thirty days after the day
on which the notice is sent to him, request that
the Minister refer the case to the Court, and such
notice is sufficient if it is sent by registered
mail to the person at his latest known address.
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| Decision
final
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(3)
A decision of the Court made under subsection (1)
is final and, notwithstanding any other Act of
Parliament, no appeal lies therefrom.
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| Definitions
|
19. |
| Report
to Review Committee
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(2)
Where the Minister is of the opinion that a person
should not be granted citizenship under section 5
or subsection 11(1) or administered the oath of
citizenship or be issued a certificate of
renunciation under section 9 because there are
reasonable grounds to believe that the person will
engage in activity
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| Notice
to be sent to person affected
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(3)
The Minister shall, within ten days after a report
is made pursuant to subsection (2), cause a notice
to be sent informing the person referred to in that
subsection of the report and stating that following
an investigation in relation thereto, a declaration
with respect to that person may be made by the
Governor in Council under section 20.
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| Application of the | (4) Where a report is made to the Review Committee pursuant to subsection (2), the Review Committee shall investigate the grounds on which it is based and for that purpose subsections 39(2) and (3) and sections 43, 44 and 48 to 51 of the |
| Investigation
to cease
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(4.1)
If the Review Committee is of the opinion that it
cannot perform its duties described in subsections
(4), (5) and (6), it must cease its investigation
and give notice to the Minister and the person
referred to in subsection (2).
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| Statement
to be sent to person affected
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(5)
The Review Committee shall, as soon as practicable
after a report is made to it pursuant to subsection
(2), send to the person with respect to whom the
report is made a statement summarizing such
information available to it as will enable the
person to be as fully informed as possible of the
circumstances giving rise to the report.
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| Report
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(6)
The Review Committee shall, on completion of an
investigation made pursuant to subsection (4), make
a report to the Governor in Council on all matters
relating thereto and shall, at the same time as or
after the report is made, provide the complainant
with the conclusions of the report.
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| Appointment
of a judge
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19.1 |
| Tenure
and re-appointment
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(2)
The appointed person holds office during good
behaviour and may be removed by the Governor in
Council at any time for cause. The person is
eligible to be re-appointed.
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| Remuneration
and expenses
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(3)
The appointed person shall be paid, for each day
that the person performs duties under this Act,
such remuneration as is fixed by the Governor in
Council, and is entitled to be paid reasonable
travel and living expenses incurred in the course
of their duties under this Act while absent from
their ordinary place of residence.
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| Referral
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19.2 |
| Application
of subsections 19(4), (5) and (6)
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(2)
Subsections 19(4), (5) and (6) apply to the
appointed person as if that person were the Review
Committee.
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| Annual
report
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19.3 |
| Declaration
by the Governor in Council in matters of security
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20. |
| Applications
and appeals deemed rejected
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(2)
Where a person is the subject of a declaration made
under subsection (1), any application that has been
made by that person under section 5 or 9 or
subsection 11(1) is deemed to be not approved and
any appeal made by him under subsection 14(5) is
deemed to be dismissed.
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| Expiration
of declaration
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(3)
A declaration made under subsection (1) ceases to
have effect two years after the day on which it was
made.
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| Further
declaration
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(4)
Notwithstanding that a declaration has been
previously made under subsection 20(1) with respect
to a person, the Governor in Council may, after
considering any further application made by that
person, make a further declaration under that
subsection with respect to that person.
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| Conclusive
proof
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(5)
Notwithstanding anything in this Act or any other
Act of Parliament, a declaration by the Governor in
Council under subsection (1) is conclusive of the
matters stated therein in relation to an
application for citizenship or for the issue of a
certificate of renunciation.
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| Periods
not counted as residence
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21. |
| Prohibition
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22. |
| Idem
|
(2) Notwithstanding anything in this Act, but subject to the |
|
PART VI
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|
|
Delegation
of authority
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23. |
| Requirement
to take oath of citizenship
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24. |
| Evidence
of declarations
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25. |
| Evidence
of certificates
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(2)
A certificate of citizenship, a certificate of
naturalization or a certificate of renunciation may
be proved in any legal proceeding by the production
of the original certificate or of a document that
is certified by the Minister as bearing the same
information as the original certificate.
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| Citizenship
judges
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26. |
| Duties
|
(2)
In addition to his other duties set out in this
Act, a citizenship judge shall perform such other
duties as the Minister prescribes for carrying into
effect the purposes and provisions of this Act.
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| Regulations
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27. |
| Powers
of Minister
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28. |
|
PART VII
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|
|
Definition
of “certificate”
|
29. |
| Offences
and punishment
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(2)
A person who
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| Idem
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(3)
A person who
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| Idem
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(4)
A person who contravenes any provision of this Act
or the regulations for the contravention of which
no fine or imprisonment is provided in this Act is
guilty of an offence punishable on summary
conviction.
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| Where
offence is committed outside Canada
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30. |
| Jurisdiction
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(2)
Where a person has committed outside Canada an act
or omission that is an offence under this Act, the
offence is within the competence of and may be
tried and punished by any court having jurisdiction
in respect of similar offences in the place in
Canada where that person is found in the same
manner as if the offence had been committed in that
place, or by any other court to which jurisdiction
has been lawfully transferred.
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| Limitation
period
|
31. |
|
PART VIII
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|
|
Citizen
of the Commonwealth
|
32. |
| British
subject
|
(2)
For the purposes of any law in force in Canada on
and after February 15, 1977 that refers to the
status of British subject, the status so described
shall refer to the status of Canadian citizen or
citizen of the Commonwealth or both as the intent
of that law may require.
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| Citizen
of Ireland
|
33. |
| Rights
|
34. |
| Authority
to prohibit or restrict acquisitions of property in
a province by non-Canadians
|
35. |
| Regulations
|
(2)
The Lieutenant Governor in Council of a province
may make regulations applicable in the province for
the purposes of determining
|
| Restriction
|
(3)
Subsections (1) and (2) do not operate so as to
authorize or permit the Lieutenant Governor in
Council of a province, or such other person or
authority as is designated by the Lieutenant
Governor in Council thereof, to make any decision
or take any action that
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| Offences
and punishment
|
36. |
| Officers,
etc., of corporations
|
(2)
Where a corporation commits an offence under
subsection (1), any officer, director or agent of
the corporation who directed, authorized, assented
to, acquiesced in or participated in the commission
of the offence is a party to and guilty of the
offence and is liable on conviction to the
punishment provided for the offence whether or not
the corporation has been prosecuted or convicted.
|
| Coming
into force
|
37. |
| Disabilities
|
38. |
| Trial
|
39. |
|
SCHEDULE
|